Chris Kamarianakis Executive Director,

Protect Your Boundaries Inc.

Understand LandTM Seminar Series for Real Estate Professionals

Seminar # 6

“Deciphering the Legal Description”

Chris Kamarianakis Executive Director, Protect Your Boundaries Inc.

PCL 11-3, SEC 65M2961 ; PT BLK 11, PL 65M2961 , PART 7 & 8 , 65R18107 , S/T PT 8, 65R18107 IN FAVOUR OF PT BLK 11, PL 65M2961, PTS 9, 10 & 11, 65R18107 AS IN LT1077992 ; T/W PT BLK 11, PL 65M2961, PT 9, 65R18107 AS IN LT1077992 ; S/T LT1081784 ; MARKHAM

Today’s Program

✔ What is a Legal Description?

✔ How do we read it?

✔ Understanding the Legal Description.

✔ Why is this useful and how do you use it?

✔ Why you need to know this?

What is aLegal

Description?

What is a Legal Description?

Definition: Legal Description

“A written land description which delineates a specific piece of real property.”

- Used as the property identifier in all matters to do with the conveyance of real property.

- Not an address, not a GPS location.

Where do we see a Legal Description?

References to the Legal Description

- Deed;- Parcel Register;- Other conveyance documents;- Survey Plans;- Agreement of Purchase and Sale;- Property Tax Assessment.

It’s the universal identifier of your property used by all stakeholders who manage land and real property.

Reading a Legal Description

How do we read it?

PT(S) – Part(s)LT – LotBLK - BlockPL – Plan

PCL – ParcelSEC – Section

LT – LotCON – Concession

RT – Right of WayROW – Right of WayS/T – Subject ToT/W – Together With

TWP - Township

LT 146 PL 8330 MARKHAM ; MARKHAM

PT LT 30 BLK A PL 18 MARKHAM AS IN MA109023 ; MARKHAM

PCL 22-1, SEC 65M2770 ; LT 22, PL 65M2770 , S/T LT886455 ; MARKHAM

LOT 22, PLAN 65M3607, MARKHAM; S/T RT FOR 7 YRS FROM 2003/06/20 IN YR3 15903

LOT 100, PLAN 65M3830, MARKHAM. S/T EASEMENT FOR ENTRY IN YR716767.

Reading a Legal Description

How do we read it?

PT(S) – Part(s)LT – LotBLK - BlockPL – Plan

PCL – ParcelSEC – Section

LT – LotCON – Concession

ROW – Right of WayS/T – Subject ToT/W – Together With

TWP - Township

1STLY; PT BLK 68, PL 65M2630, PTS 6 & 9, PL 65R21442, 2NDLY; PT BLK 76, PL 65M2849, PTS 7 & 8, PL 65R21442, MARKHAM. S/T ROW IN FAVOUR OF PT BLK 76, PL 65M2849, PTS 11 & 12, PL 65R21442 & PT BLK 68, PL 65M2630, PTS 10 & 13, PL 65R21442 OVER PT BLK 76, PL 65M2849, PT 8, PL 65R21442, AS IN LT1382559. S/T ROW IN FAVOUR OF PT BLK 76, PL 65M2849, PTS 11 & 12, PL 65R21442 & PT BLK 68, PL 65M2630, PTS 10 & 13, PL 65R21442, OVER PT BLK 68, PL 65M2630, PT 9, PL 65R21442, AS IN LT1382559. T/W ROW OVER PT BLK 76, PL 65M2849, PT 12, PL 65R21442, AS IN LT1382559. T/W ROW OVER PT BLK 68, PL 65M2630, PT 13, PL 65R21442, AS IN LT1382559.

Dissectinga legal

description

Dissecting a Legal Description

The Three Parts of a Legal Description

LT 25, PL 3936 , S/T EB133974 ; ETOBICOKE , CITY OF TORONTO

PLAN (LOCATION)REFERENCE

ENCUMBERANCES(EASEMENTS)

MUNICIPALITY/REGISTRY OFFICE

;,

PCL 38-1, SEC M1498 ; LT 38, PL M1498 ; MARKHAM

PCL 22-1, SEC 65M2770 ; LT 22, PL 65M2770 , S/T LT886455 ; MARKHAM

LOT 22, PLAN 65M3607; S/T RT FOR 7 YRS FROM 2003/06/20 IN YR3 15903; MARKHAM

PCL 48-3, SEC 65M2056 ; PT LT 48, PL 65M2056 , PART 21 & 22 , 65R5908 ; S/T PT 22, 65R5908, IN FAVOUR OF PTS 23 & 24, 65R5908 AS IN LT126980 ; T/W PT LT 48, PL

65M2056, PT 23, 65R5908 AS IN LT126980 ; S/T LT99956 ; MARKHAM

1 2 3

Understanding the Legal Description

Locational Component

• Three “eras” of land naming systems: • Original Townships,

Concessions and Lots (old).• Parcels within Sections (less

old).• Lots and Blocks within Plans

(present).• More than one reference often

shown in overlapping eras.• “Where is a property on the most

current official fabric?”• The Subdivision Plan erases and re-

writes the fabric.

PCL 38-1, SEC M1498 ; LT 38, PL M1498 ; MARKHAM

GEOGRAPHIC TOWNSHIP PLANLOTS & CONCESSIONS

SECTION & PARCELS

PLAN OF SUBDIVISION

PART OF PLAN

LOT

TORONTO

SEC M1245

PL M1245

PART 2

LOT 14

Understanding the Legal Description

Encumbrance Component

• The Legal Description includes easements affecting the property;

• S/T – Other land has rights over this property.

• T/W – This property has rights over another.

• S/T & T/W – shared/mutual driveway.• Details of the easement are in the

“instrument”.• Follow the instrument trail to get the

full view.

LT 25, PL 3936 , S/T EB133974 ; ETOBICOKE , CITY OF TORONTO

Why do I care?

The importance of Legal Descriptions

Why Legal Descriptions are Important to You

• Your first clue as to easements and encumbrances.• Help your client avoid unnecessary risk:

• Seller – trailing liabilities due to misrepresentation/lack of disclosure.• Buyer – avoid the “lemon” which doesn’t allow buyer to fulfill their desired

use of land.

EasementDocs

Parcel Register

InstrumentsSurvey Plan

Easement Documentation

Parcel Register

PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER

LAND PAGE 1 OF 1

REGISTRY PREPARED FOR Patel123

OFFICE #66 10528−0087 (LT) ON 2015/11/09 AT 12:20:14

* CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *

PROPERTY DESCRIPTION: PT LT 22 PL 878 TWP OF YORK AS IN CA294772,S/T & T/W CA294772; TORONTO (YORK) , CITY OF TORONTO

PROPERTY REMARKS:

ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE:

FEE SIMPLE

LT CONVERSION QUALIFIED

FIRST CONVERSION FROM BOOK 2001/10/22

OWNERS’ NAMES CAPACITY SHARE

PRINCE, ROJEAN VANESSA ROWN

REG. NUM.

DATE

INSTRUMENT TYPE

AMOUNT

PARTIES FROM

PARTIES TO

CERT/

CHKD

** PRINTOUT INCLUDES ALL DOCUMENT TYPES (DELETED INSTRUMENTS NOT INCLUDED) **

**SUBJECT, ON FIRST REGISTRATION UNDER THE LAND TITLES ACT, TO:

** SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES *

** AND ESCHEATS OR FORFEITURE TO THE CROWN.

** THE RIGHTS OF ANY PERSON WHO WOULD, BUT FOR THE LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF

** IT THROUGH LENGTH OF ADVERSE POSSESSION, PRESCRIPTION, MISDESCRIPTION OR BOUNDARIES SETTLED BY

** CONVENTION.

** ANY LEASE TO WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES.

**DATE OF CONVERSION TO LAND TITLES: 2001/10/22 **

AT2856210 2011/10/31 TRANSFER $2 KELLY, BRENDAN RICHARD PRINCE, ROJEAN VANESSA C

PRINCE−KELLY, ROJEAN VANESSA

AT3992168 2015/08/27 CHARGE $500,000 PRINCE, ROJEAN VANESSA STREET CAPITAL FINANCIAL CORPORATION C

NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY.

NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.

Easement Terminology

Deed / Instrument

Easement Documentation

Survey Plan

Realtor Best Practices

How to Protect Yourself and Your Client

Selling Side Examine the Legal Description for easements. Buy the Parcel Register and Instruments – what is the

nature and extent of the easements? Examine them on the survey plan and “on the ground”.

Is the land being used the way it is supposed to be? Decide what to disclose or have “cleaned up”.

Buying Side Investigate easements in Legal Description as above. Insert a condition on the offer “on satisfactory

boundary inspection”. Discuss with surveyor if you suspect issues.

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Chris Kamarianakis Executive Director,

Protect Your Boundaries Inc.

Blog for Realtors: www.BoundaryBoss.com

Twitter: @BoundaryBoss

Chris Kamarianakis Executive Director, Protect Your Boundaries Inc.

http://www.boundaryboss.com

Thank You!